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Tag: Sen. Charles Perry

The Curious Timing of SB3 and the DSHS Inspections

Written by texashempreporter on . Posted in Legislative. No Comments on The Curious Timing of SB3 and the DSHS Inspections

 
 
The Curious Timing of SB3 and the DSHS Consumable Hemp Program Inspections
Cannonballs at the Alamo (Our Texas Hemp Industry)
 
On February 20, 2025, two significant regulatory shifts are set to take effect in Texas: the release of Senate Bill 3 (SB3) and the initiation of an intensified inspection protocol under the Texas Department of State Health Services (DSHS) Consumable Hemp Program. While these developments may seem unrelated at first glance, the coinciding timing of their implementation raises critical questions about their potential connection and underlying intent.
 
The DSHS Consumable Hemp Program Crackdown

Simultaneously, DSHS has announced a wave of inspections targeting consumable hemp manufacturers and retailers. According to an official communication dated February 20, 2025, DSHS has encountered increasing resistance from industry participants regarding inspections. In response, the agency has reaffirmed its authority under Texas Health and Safety Code (HSC) Chapter 431.042, which grants it broad oversight powers, including license revocations and civil penalties up to $25,000 per day.

 
Notably, the inspections will focus on verifying compliance with pre-existing regulations, and businesses refusing to cooperate risk severe penalties. Given that hemp regulations have remained relatively stable over the past few years, the sudden urgency in enforcement—just as SB3 comes into play—suggests more than mere coincidence.
 
Conspiracy to Bully  . . .  an Industry?

The concurrent implementation of SB3 and heightened hemp inspections prompts speculation about whether this is a coordinated effort to reshape the industry landscape. While SB3 introduces new provisions that necessitate increased scrutiny, industry leaders are jumping ship and starting to take sides in the future of the consumable hemp market.

Interestingly enough, today Friday the 21st amidst the industry already noticeably shaken by these two initiatives from Texas authorities; Bayou City Hemp Co. released a flyer in its Capitol visit today agreeing that lawmakers should ban all Smokable Hemp Products.More concerning, is that members of Bayou City Hemp Co. are also part of the Texas Hemp Coalition whose stated goal is to keep these products legal.

 
 

Cracks in the Alamo 

 
When asked If the Texas Hemp Coalition was aware of the position of Bayou City Hemp Co. flyers supporting the Ban on Smokable Hemp Products, Executive Director Ilissa Nolan told the Texas Hemp Reporter today that “Yes I’ve seen it. That is their position. Not THC.”
 

“As an executive board member of the Texas Hemp Coalition, Bayou City Hemp does NOT speak on our behalf nor do we support their efforts to sabotage an entire industry we are all here to protect. An official statement will be made soon.” – Jake Garry stated  in an industry stakeholders forum this afternoon.

 

The Texas Hemp Reporter also tried to reach out to Jeromy Sherman – of Bayou City Hemp Company, Inc. for comment but did not get an answer.

 
It is perhaps in lue of the company’s interest and position in its beverage expansion that it no longer needs to support the flower market. Drink brands from Bayou City Hemp have now collaborated with Spec’s Wines, Spirits & Finer Foods and its 238 locations  as of March of last year. Now that they are seeking national partners like Total Wine and others it looks like Texas retailers will now have to fend for themselves in the cannon-fire of the 89th Legislature.

While the Alamo (our industry) remains under enemy fire, we might be seeing notable differences in lobby teams’ goals with different opinions and strategies. The Texas Business Council is doing their best to work with members of the house and seems to have a good deal of support from many state Hemp Businesses. The move from Bayou City Hemp Co to take sides on the issue against smokable hemp flower is sudden since, traditionally, its leaders have been board members of the Texas Hemp Coalition. I know all these players as I too was a member of that same Board in 2023!

 
With DSHS Inspections and more bills being filed; the contents of SB3 this week is not a shocker . . .  in that we all knew it was seeking the bidding of Dan Patrick’s goal to ban these products. SB3, is filed, which would create criminal offenses for manufacturing, selling, AND possessing hemp products. The first cannon-balls have been fired and the walls of the Alamo (our industry) has shown some cracks and even division amongst her ranks. However, Mark Bordas, Executive Director of Texas Hemp Business Council has stated before “We are early in this fight. We just need to end up on top.”
 
As the cannon-fire will continue to volley back and forth in the next 100 days of the 89th Texas Legislature in the fight for legal Hemp, you can be sure our team at the Texas Hemp Reporter will be in the thick of its coverage. In the words of Sam Houston “Remember the Alamo”

Russell Dowden
Texas Hemp Reporter
The Texas Hemp Show
ESPN 102.7 FM Sundays at 7AM

MAHA a “yes”- but no to Reefer Madness

Written by Mark Bordas on . Posted in Legislative. No Comments on MAHA a “yes”- but no to Reefer Madness

In recent years (and certainly during the last political cycle) the United States has
experienced a growing shift, and overall desire for natural products, with an increasing
number of people seeking alternatives to processed foods, beverages, and man-made
medicines.

This movement towards holistic choices preceded the more recent MAHA (Make America
Healthy Again) campaign, made popular by Robert F. Kennedy, who has been undergoing
hearings to become the nation’s top health official as Secretary of The United States Health
and Human Services agency.
In an era where processed foods, drinks, and synthetic medicines have dominated, there is
a rising popularity of plant-based solutions, as well as a nationwide effort to restore vitality
by regaining a healthier, more sustainable lifestyle. In its most elemental form MAHA seeks
to empower individuals to take control of their lives by embracing organic, plant-based, and
holistic approaches.

Hemp, a versatile plant with nutritional, health, and industrial benefits, is emblematic of
that significant shift towards more natural lifestyles, offering the least amount of THC from
the cannabis plant, along with high concentrations of CBD, omega fatty acids, fiber and
protein.

Recent misrepresentations of hemp (again by definition delivering the least amount of
psychoactive compound THC than any other offering) are reminiscent of an equally out of
touch 1930’s exploitation film “Reefer Madness”. The movie’s premise revolves around
melodramatic events after high school students are introduced to marijuana. Decades
later, the film is now only referenced and enjoyed as a campy parody for laughs.
Although SB 3 has yet to be released (as of this writing) it is no laughing matter, and it too
would seem to suffer from the same, out of step relationship with today’s reality. If the state
of Texas suffers from a “THC problem” it is only logical to deduce that the problem is
derived from sources containing large amounts of THC- not the product with the lowest
amount. Anything being offered as hemp but surpassing the .03 percent THC by dry weight,
by definition, is marijuana and not hemp. So, if Texas has a THC problem it is due in part to
unscrupulous sellers seeking to circumvent existing laws- not the 8,000 licensed hemp
concerns seeking to adhere to it.

Admittedly, the state of Texas has an enforcement problem with perhaps up to eight agents
seeking to enforce existing laws surrounding licensing, quality control, and compliance

checks. Additionally, hemp should be available only as intended: for responsible, adult
use. We need to refine regulations and pass similar product restrictions, akin to those
applied to alcohol, tobacco, and nicotine.

Any thought of prohibiting the product outright should be met with caution. In age of e-
commerce and a historically mobile populace, the thought of eliminating the product

altogether seems fanciful. Afterall, a similar attempt to make alcohol illegal in the United
States is now often referred to as the “Failed Noble Experiment”. From 1920-1933 the
United States saw crime, sickness and deaths climb as black-market alcohol hit the
streets to satisfy the public’s thirst. Today the transport of any product is easier than ever,
as out-of-state and overseas internet concerns would prosper under any prohibition, while
Texas businesses would be shuttered and over 50,000 industry jobs lost. Bootlegged and
black-market products raise the specter of a true public health concern: fentanyl
poisoning.

I remain optimistic that our legislative leaders will ultimately embrace MAHA by allowing
Texans to make individual choices in pursuing healthier lifestyles and rejecting the dated,
misplaced mindset of Reefer Madness.

Keep in mind how proud (and rightfully so) our legislative leaders are of the “Texas Miracle”:
the Lone Star State has been recognized as the Best State for Business for 20 years! It has
won the prestigious Governor’s Cup 12 years in a row for being the most job-creating
corporate location or place to expand existing businesses. Based on federal and state
legalization of hemp, it has grown year-over- year and was valued at being an $8 billion
industry in 2022. Hemp industry owners are part of the 3.2 million small businesses that
employ nearly half of all working Texans. As our legislative leaders like to say they, small
business is the backbone of our state’s economy.

In closing- further, thoughtful regulations to protect the consuming public, by restricting
access to adults, and ensuring those who wish to purchase the product are doing so
through duly licensed, regulated, law-abiding businesses, will serve Texas best. I look
forward to the state winning its 13th Governor’s Cup in a row, and the hemp industry being a
part of that calculation.

Mark Bordas
Executive Director
Texas Hemp Business Council
02/13/25

TX Banning Delta-8 THC?

Written by Jay Maguire on . Posted in News.

In a pivotal move this week, the Texas Senate State Affairs Committee convened to explore potential pathways for banning Delta-8 THC, following a directive from Lt. Gov. Dan Patrick. The hearing laid bare a host of issues that have thrust this hemp-derived compound into the eye of a growing storm.

Given its current legal status in Texas under the temporary injunction in the Sky Marketing case, Delta-8 THC products have become ubiquitous, which some witnesses said foster a dangerous misconception among consumers who believe they are purchasing a safe, regulated product. This situation stands in stark contrast to other states, even conservative ones, that have established comprehensive medical cannabis programs. Law enforcement finds itself in a quandary, as current technology struggles to distinguish between legal hemp and illegal cannabis products.

While cannabis earns praise for its superior efficacy in managing nerve pain compared to traditional medications, Delta-8 THC raises red flags, particularly concerning children’s health. A troubling surge in pediatric cases involving accidental ingestion has resulted in severe health issues. Experts and activists also sounded alarm bells about the potential for psychosis, especially among chronic users and children, underscoring the urgent need for stringent safety measures.

The hearing exposed gaping holes in the current regulatory framework. Many manufacturers self-report certificates of analysis, a practice that often leads to inaccurate product labeling. Enforcement is largely hamstrung, limited to food safety violations and products exceeding the 0.3% Delta 9 THC threshold. The state’s lack of jurisdiction over out-of-state labs further muddies the waters of quality control.

Ironically, the proliferation of Delta-8 THC is undermining Texas’s own highly restricted medical cannabis program. These products, which navigate fewer regulatory hurdles, are more affordable and accessible, causing a worrying decline in the state’s patient base. An influx of out-of-state products further complicates the market, making regulation an increasingly uphill battle.

A particularly disquieting issue is the proximity of Delta-8 THC sales in proximity to schools and other child-centric areas. This accessibility, paired with the alarming rise in accidental ingestion cases among children, has ratcheted up public safety concerns. Advocates are pushing for stricter regulations on packaging and marketing to prevent these products from appealing to minors.

In response to these challenges, the committee is weighing several consequential actions. They are considering revising Delta-8’s legal status to align with other states’ medical cannabis frameworks, enhancing product testing and certification standards, and bolstering enforcement mechanisms and of course, banning it outright. Additionally, they’re looking at regulating the influx of out-of-state products, launching targeted public health initiatives to protect children, and establishing proximity restrictions near schools.

Looking ahead, the committee plans to gather more data on Delta-8’s public health impact and engage a broad spectrum of stakeholders. Law enforcement, medical professionals, and industry representatives will all have a seat at the table as Texas works to forge a consensus on these critical changes. As the Lone Star State grapples with this complex issue, its decisions could reverberate across the nation, influencing the future of cannabis regulation in America.